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Vested Rights

Processing Development Vested Rights Requests

The process described below is based upon Chapter 200A, Land Development Code, §200A-332 and §200A-338 and the general procedures followed by the Planning Department, Technical Review Committee (TRC), and Zoning Board of Adjustment. Such procedures as well as application fees are subject to change. Please refer to Chapter 200A, Land Development Code, §200A-332 and §200A-338 or contact the Planning Department for additional information.

  1. Pre-application Conference. Each applicant for a development vested right must meet with the Planning Director in a pre-application conference prior to, or at the time of, application submittal. The purposes of this conference are to provide information to the applicant regarding the review process and assist in the preparation of the Development Vested Rights Application. Staff will explain that the application will proceed through Staff and the Technical Review Committee (TRC) before the Zoning Board of Adjustment (ZBA) holds a quasi-judicial public hearing on the application.

  2. Application Submittal. The Development Vested Rights Application, site-specific development plan, letter indicating intent to obtain a development vested right for the particular use(s)/development proposed, supplemental documents, and fee must be submitted on or before the submittal deadline (See Development Vested Rights Application Submittal Deadlines). You may submit your application and fee to the Planning Department.

  3. Staff Review. Upon receipt of an application, Planning Staff will conduct a review of the site-specific development plan and Development Vested Rights Application. Such a study will require Staff to enter upon the parcel(s) that are the subject of the application. This study will: (1) assess the likely impacts of the proposed development on the surrounding community, (2) evaluate the merits of the proposed development to the community and to Henderson County as a whole, and (3) consider how the proposed development conforms with the County's Land Use Plan (Henderson County 2020 Comprehensive Plan) and other relevant plans and ordinances. Based on their findings, Planning Staff may make a favorable or unfavorable recommendation.

  4. TRC Review. Approximately one week prior to the date at which you application will be considered by the TRC, Planning Staff will deliver your application along with any additional materials to the TRC for its consideration. At the meeting during which your application is considered, the TRC will hear Planning Staff comments and may provide additional comments and recommendations. You or your agent will have an opportunity to address the TRC. The application will then proceed from the TRC to the ZBA.

  5. ZBA Review: Public Hearing. Upon receipt of your application with TRC recommendations, the ZBA will hold a Quasi-Judicial Public Hearing regarding your application. Upon determination of the Hearing date, a Notice of Public Hearing process will begin, wherein notices of the requested Devleopment Vested Rights and the associated Quasi-Judicial Public Hearing are published in the Hendersonville Times News. Notices are mailed to the subject property owner(s) and adjacent property owners. According to State law and Chapter 200A, Land Development Code, two (2) notices must be published once a week for two (2) successsive calendar weeks with the first notice appearing at least 10 days and no more than 25 days prior to the hearing. Staff must mail notices to property owners at least 10 days prior to the hearing. At the Public Hearing, Planning Staff and other County officials, members of the public recognized as parties by the ZBA, as well as the applicant and/or your agent will be given the opportunity to speak regarding the proposed development. The ZBA must approve, deny or conditionally approve the development vested right within 30 days after the date of completion of the Quasi-Judicial Public Hearing.